COMMITTEE SUBSTITUTE
FOR
H. B. 4438
(By Delegates Marshall, C. White, Beane, Leach,
Walters, Compton and Stephens)
(Originating in the Committee on Health and Human Resources)
[February 27, 2002]
A BILL to amend and reenact section seven, article five-c, chapter
sixteen of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; to amend and reenact section
seven, article five-d of said chapter; to amend and reenact
section seven, article five-h of said chapter; and to amend
and reenact section seven, article five-n of said chapter, all
relating to requiring advance notice of costs, cost increases
and procedures for termination of stay in nursing homes,
personal care homes, residential board and care homes and
residential care communities.
Be it enacted by the Legislature of West Virginia:
That section seven, article five-c, chapter sixteen of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted; and that section seven, article five-d of said chapter be amended and reenacted; that section
seven, article five-h of said chapter be amended and reenacted; and
that section seven, article five-n of said chapter be amended and
reenacted, all to read as follows:
CHAPTER 16. PUBLIC HEALTH
ARTICLE 5C. NURSING HOMES.
§16-5C-7. Cost disclosure; surety for resident funds.
(a) Each nursing home shall disclose in writing to
all every
prospective resident
s at the time of admission a complete and
accurate
statement that list
s all of
all the costs
which that may
be incurred by
the resident. them; and The statement shall also
provide that the nursing home shall
give notify the resident
s
written notice of any increase in any listed cost to be paid by the
resident during the resident's stay at least sixty thirty days
in
advance of changes in costs prior to the effective date of the
increase. The nursing home shall make available copies of the
list in the nursing home's business office for inspection.
Residents may not be liable for any cost not so disclosed.
(b) The initial costs charged to a resident by a nursing home
may be increased no sooner than three months after the first night
residency begins. An increase is not effective unless the personal
care home notifies the resident and care helper, if any, at least sixty days prior to the effective date of the increase.
(c) Before a prospective resident moves personal belongings
into a nursing home, the nursing home shall provide the prospective
resident with a written statement of procedures used when the
nursing home desires a resident to leave the facility, including a
description of any termination notice, the time period in which the
termination notice may be delivered and the manner of delivery.
(d) All notices required by this section shall be in writing
and provided to the resident and to the care helper designated by
the resident, if any, at the care helper's address.
(b) (e) If the nursing home handles any money for residents
within the facility, the licensee or his or her authorized
representative shall either: (1) Give a bond; or (2) obtain and
maintain commercial insurance with a company licensed in this state
in an amount consistent with this subsection and with the surety as
the director shall approve. The bond or insurance shall be upon
condition that the licensee shall hold separately and in trust all
residents' funds deposited with the licensee, shall administer the
funds on behalf of the resident in the manner directed by the
depositor, shall render a true and complete account to the
depositor and the director when requested, and at least quarterly
to the resident, and upon termination of the deposit, shall account for all funds received, expended, and held on hand. The licensee
shall file a bond or obtain insurance in a sum at least one and
twenty-five one-hundredths the average amount of funds deposited
with the nursing home during the nursing home's previous fiscal
year.
(f) The This insurance policy
required by this section shall
specifically designate the resident as the beneficiary or payee
reimbursement of lost funds. Regardless of the type of coverage
established by the facility, the facility shall reimburse, within
thirty days, the resident for any losses directly and seek
reimbursement through the bond or insurance itself. Whenever the
director determines that the amount of any bond or insurance
required pursuant to this subsection is insufficient to adequately
protect the money of residents which is being handled, or whenever
the amount of any such bond or insurance is impaired by any
recovery against the bond or insurance, the director may require
the licensee to file an additional bond or insurance in such amount
as necessary to adequately protect the money of residents being
handled.
(g) The provisions of
this subsection
s (e) and (f) do not
apply if the licensee handles less than thirty-five dollars per
resident per month in the aggregate.
ARTICLE 5D. PERSONAL CARE HOMES.
§16-5D-7. Cost disclosure; increase in costs; surety for
residents' funds.
(a) Each personal care home shall disclose in writing to all
every prospective residents a complete and accurate statement that
lists all of all the costs which that may be incurred by them the
resident. The statement shall also provide that the personal care
home will give the resident written notice of any increase in any
listed cost to be paid by the resident during the resident?s stay
at least sixty days prior to the effective date of the increase.
Residents are not liable for any cost not so disclosed.
(b) The initial costs charged to a resident by a personal care
home may be increased no sooner than three months after the first
night residency begins. An increase is not effective unless the
personal care home notifies the resident and care helper, if any,
at least sixty days prior to the effective date of the increase.
(c) Before a prospective resident moves personal belongings
into a personal care home, the personal care home shall provide the
prospective resident with a written statement of procedures used
when the personal care home desires a resident to leave the
facility, including a description of any termination notice, the
time period in which the termination notice may be delivered and the manner of delivery.
(d) All notices required by this section shall be in writing
and provided to the resident and to the care helper designated by
the resident, if any, at the care helper's address.
(b) (e) If the personal care home handles any money for
residents within the personal care home, the licensee or his or her
authorized representative shall give a bond in an amount consistent
with this subsection and with such surety as the director shall
approve. The bond shall be upon condition that the licensee shall
hold separately and in trust all residents' funds deposited with
the licensee, shall administer the funds on behalf of the resident
in the manner directed by the depositor, shall render a true and
complete account to the depositor and the director when requested,
and at least quarterly to the resident, and upon termination of the
deposit, shall account for all funds received, expended, and held
on hand. The licensee shall file a bond in a sum to be fixed by
the director based upon the magnitude of the operations of the
applicant, but which sum may not be less than two thousand five
hundred dollars.
(f) Every person injured as a result of any improper or
unlawful handling of the money of a resident of a personal care
home may bring an action in a proper court on the bond required to be posted by the licensee pursuant to this subsection for the
amount of damage suffered as a result thereof of the improper or
unlawful handling, to the extent covered by the bond. Whenever the
director determines that the amount of any bond which is filed
pursuant to this subsection is insufficient to adequately protect
the money of residents which is being handled, or whenever the
amount of any bond is impaired by any recovery against the bond,
the director may require the licensee to file an additional bond in
such an amount as necessary to adequately protect the money of
residents being handled: Provided, That the provisions of this
subsections (e) and (f) do not apply if the licensee handles less
than twenty-five dollars per resident and less than five hundred
dollars for all residents in any month.
ARTICLE 5H. RESIDENTIAL BOARD AND CARE HOMES.
§16-5H-7. Cost disclosure; surety for residents' funds.
(a) Each residential board and care home shall disclose in
writing to all every prospective residents a complete and accurate
statement that lists all of all the costs which that may be
incurred by them the resident. The statement shall also provide
that the residential board and care home will give the resident
written notice of any increase in any listed cost to be paid by the
resident during the resident's stay at least sixty days prior to the effective date of the increase. Residents are not liable for
any cost not so disclosed.
(b) The initial costs charged to a resident by a residential
board and care home may be increased no sooner than three months
after the first night residency begins. An increase is not
effective unless the residential board and care home notifies the
resident and care helper, if any, at least sixty days prior to the
effective date of the increase.
(c) Before a prospective resident moves personal belongings
into a residential board and care home, the residential board and
care home shall provide the prospective resident with a written
statement of procedures used when the residential board and care
home desires a resident to leave the facility, including a
description of any termination notice, the time period in which the
termination notice may be delivered and the manner of delivery.
(d) All notices required by this section shall be in writing
and provided to the resident and to the care helper designated by
the resident, if any, at the care helper's address.
(b) (e) If the residential board and care home handles any
money for residents within the residential board and care home, the
licensee or his or her authorized representative shall give a bond
in an amount consistent with this subsection and with such surety as the director shall approve. Such bond shall be upon condition
that the licensee shall hold separately and in trust all residents'
funds deposited with the licensee, shall administer the funds on
behalf of the resident in the manner directed by the depositor,
shall render a true and complete account to the depositor and the
director when requested, and at least quarterly to the resident,
and upon termination of the deposit, shall account for all funds
received, expended, and held on hand. The licensee shall file a
bond in a sum to be fixed by the director based upon the magnitude
of the operations of the applicant, but which sum may not be less
than two thousand five hundred dollars.
(c) (f) Every person injured as a result of any improper or
unlawful handling of the money of a resident of a residential board
and care home may bring an action in a proper court on the bond
required to be posted by the licensee pursuant to this subsection
for the amount of damage suffered as a result thereof of the
improper or unlawful handling to the extent covered by the bond.
Whenever the director determines that the amount of any bond which
is filed pursuant to this subsection is insufficient to adequately
protect the money of residents which is being handled, or whenever
the amount of any such bond is impaired by any recovery against the
bond, the director may require the licensee to file an additional bond in such amount as necessary to adequately protect the money of
residents being handled.
(d)(g) The provisions of this subsections (e) and (f) do not
apply if the licensee handles less than twenty-five dollars per
resident and less than five hundred dollars for all residents in
any month.
ARTICLE 5N. RESIDENTIAL CARE COMMUNITIES.
§16-5N-7. Cost disclosure; residents' funds; nursing care; fire
code.
(a) Each residential care community shall disclose in writing
to all every prospective residents a complete and accurate
statement that lists all of all the costs which that may be
incurred by them as the residents of in the community. The
statement shall also provide that the residential care community
will give the resident written notice of any increase in any listed
cost to be paid by the resident during the resident's stay at least
sixty days prior to the effective date of the increase. Residents
may not be held liable for any cost that was not disclosed.
(b) The initial costs charged to a resident by a residential
care community may be increased no sooner than three months after
the first night residency begins. An increase is not effective
unless the residential care community notifies the resident and care helper, if any, at least thirty days prior to the effective
date of the increase.
(c) Before a prospective resident moves personal belongings
into a residential care community, the residential care community
shall provide the prospective resident with a written statement of
procedures used when the residential care community desires a
resident to leave the facility, including a description of any
termination notice, the time period in which the termination notice
may be delivered and the manner of delivery.
(d) All notices required by this section shall be in writing
and provided to the resident and to the care helper designated by
the resident, if any, at the care helper's address.
(b) (e) Residential care communities may not manage the
personal finances or funds of its residents.
(c) (f) A residential care community may be required to have
registered nurses on its staff to the extent that it provides
limited and intermittent nursing care.
(d) (g) Residential care communities shall comply with the
applicable provisions of the current edition of the life safety
code as promulgated by the national fire protection association and
adopted by the state fire commission.
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